Litigation in Thailand

Litigation in Thailand is a document-and-procedure driven exercise: because discovery is limited and judges control the evidentiary process, the party that documents and preserves facts early and uses interim measures promptly usually gains the decisive advantage. This guide gives a practical, step-by-step roadmap from first risk assessment to enforcement, focusing on the tactical moves that win disputes in Thai courts.

The court map — pick the right forum early

Thailand’s judiciary has three tiers (Courts of First Instance, Courts of Appeal, Supreme Court) plus specialist courts that matter for commercial actors:

• Central Intellectual Property and International Trade Court (IP&IT Court) — commercial, international trade, many cross-border commercial disputes and IP matters.
• Central Bankruptcy Court — insolvency and related disputes.
• Central Tax Court — tax litigations.
• Labour Courts — employment disputes.

Jurisdiction typically lies where the defendant is domiciled or where the cause of action arose (situs of property for property claims). Choosing the correct court avoids procedural objections and preserves tactical timing.

Pre-litigation: triage, preservation and a practical plan

Before you file:

1. Triage the dispute. Determine monetary scale, jurisdictional hooks, key witnesses and assets to be preserved.
2. Preserve evidence immediately. Secure originals (contracts, title deeds, invoices, email threads), make certified copies, capture metadata (email headers), take dated witness statements and commission expert reports (survey, engineering, forensic accounting) while facts are fresh.
3. Trace assets. Identify bank accounts, registered property, receivables, company accounts and officers. If asset dissipation is likely, prepare an urgent application for provisional relief.
4. Cost/benefit & enforcement map. If the likely judgment cannot be enforced against target assets, litigation may be rhetorical rather than recoverable — change strategy.

Practical outcome: hand counsel a short “war-pack” (certified exhibits, witness affidavits, asset list, short chronology). That pack converts theory into court-ready evidence.

Starting proceedings — pleadings, service and timelines

Civil suits begin with a statement of claim and court fee (statutory fee usually a percentage of claim value). The court issues service domestically via court officers; service on foreign defendants adds Hague/diplomatic steps and delay. Defendants normally have 15 days to file a defence. If no defence is filed, the plaintiff can apply for a default judgment — but courts scrutinise damages claims.

Drafting tips:

• Lead with a crisp chronology and annexed documents.
• Set out precise relief and quantify damages with supporting calculations.
• Attach key exhibits to avoid later “missing evidence” objections.

Evidence in Thai proceedings — preservation is the key

Thailand does not have broad adversarial discovery. Parties must list and produce the evidence they intend to use; courts admit specified documents/witnesses at hearings. Therefore:

• Original documents win. Certified Land Office extracts, original contracts, bank statements and signed receipts are decisive.
• Expert certificates matter. Technical reports (engineers, valuers, forensic accountants) shape the judge’s technical view — commission them early and align methodology to Thai practice.
• Witness statements should be contemporaneous. Obtain signed affidavits early; courts give those higher weight than delayed recollections.

If evidence may be destroyed, apply for preservation orders (ex-parte seizures or documents preservation) — Thai courts can and do grant urgent preservation remedies.

Interim remedies — the tactical battlefield

Interim relief often decides the substantive outcome by preserving assets and stopping dissipation. Typical provisional measures include injunctions, freezing orders, attachment of bank accounts, seizure of assets and document seizure. To succeed you typically need to show:

1. Prima facie case on the merits;
2. Risk of irreparable harm or asset dissipation; and
3. An undertaking as to damages in some cases.

Applications are usually affidavit-led; include bank snapshots, transfer trails and contemporaneous correspondence. For cross-border assets you must rely on domestic remedies for Thai assets and use arbitration/foreign courts for offshore preservation.

The trial — how Thai judges run hearings

Trials are judge-led and oral. Typical process:

• Case management and exchange of documents;
• Evidentiary hearings (witness and expert testimony before the judge);
• Short written or oral closing submissions;
• Judgment issued usually within weeks to months after hearings.

Judges focus on documentary coherence and expert analyses. Present a tight trial bundle (indexed exhibits and a short factual chronology) — Thai judges appreciate order and concision.

Judgments, appeals and costs

Judgments can be appealed on fact and law; appeals extend timelines substantially. Cost awards are statutory and rarely cover full legal fees — Thailand does not usually award full recovery of counsel fees. Consider security for costs or interim escrow mechanisms if recoverability is uncertain.

Enforcement — Legal Execution Department (LED) and practicalities

Final judgments are enforced via the LED. Available tools include garnishment of bank accounts, seizure and public auction of movables and immovables, attachment of salaries and appointment of receivers. Practical points:

• Locate assets early. Enforceability depends on identifiable Thai assets.
• Record charges and annotations where possible (e.g., against land titles) to block transfers.
• Use LED asset searches and coordinate with local enforcement counsel.
• Cross-border enforcement is harder — arbitral awards (New York Convention) are often simpler to enforce internationally than foreign court judgments in Thailand.

Arbitration vs litigation — the right hybrid strategy

For international commercial deals arbitration provides finality, confidentiality and wide enforceability. But arbitration does not automatically give urgent conservatory powers in Thailand — you usually need court assistance for freezing orders or document preservation. Best practice: combine arbitration with an express Thai-court carve-out for interim measures and an emergency arbitrator clause.

Practical timetable & cost expectations

• Simple uncontested debt: a few months to judgment.
• Complex evidence trial: 12–36 months to final judgment; appeals add years.
• Interim relief timeframe: ex-parte preservation can be obtained in days if evidence is ready.
  Costs depend on claim value, experts and counsel rates — always budget for expert fees, translation and legalization costs for foreign evidence.

Tactical checklist — immediate moves that change outcomes

1. Preserve originals and generate certified copies today.
2. Commission a rapid asset-trace and preserve bank snapshots.
3. Take signed witness statements and capture electronic metadata.
4. If risk of dissipation exists, prepare an ex-parte preservation application (affidavits, bank evidence, transfer trails).
5. Draft a concise claim bundle (chronology + top 10 exhibits) before filing.
6. Map enforcement targets and choose arbitration seat only after that map.

Final practical advice

Litigation in Thailand is a contest of preparation and preservation. Because courts limit discovery, the party that carefully assembles contemporaneous documentary proof, gets expert evidence early, and uses interim Thai court powers quickly wins the strategic initiative. Use arbitration for the final relief in international deals but rely on Thai courts for urgent asset-preservation measures. Engage experienced local counsel at the outset — small procedural mistakes (service, evidence form, timing) can be fatal to an otherwise strong case.